OpenLegislation

The Family Procedure Rules 2010

S.I. 2010/2955 · Made 13 December 2010 · Extends to United Kingdom

Not fully up to date. 10 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
rule 12.16(1)(a)words insertedFamily Procedure 2026 rule 3(4)
rule 12.19(1)words insertedFamily Procedure 2026 rule 3(5)
rule 12.8(3)words insertedFamily Procedure 2026 rule 3(3)(a)
rule 12.8(3A)insertedFamily Procedure 2026 rule 3(3)(b)
rule 12.3(5)words insertedFamily Procedure 2026 rule 3(2)(b)(ii)
rule 12.3(5)word insertedFamily Procedure 2026 rule 3(2)(b)(i)(aa)
rule 12.3(5)words substitutedFamily Procedure 2026 rule 3(2)(b)(i)(bb)
rule 12.2words insertedFamily Procedure 2026 rule 3(1)
rule 12.3(1)words insertedFamily Procedure 2026 rule 3(2)(a)(i)
rule 12.3(1)words insertedFamily Procedure 2026 rule 3(2)(a)(ii)

Family Proceedings

Senior Courts Of England And Wales

County Courts, England And Wales

Magistrates' Courts, England And Wales

Made 13th December 2010

Laid before Parliament 17th December 2010

Coming into force 6th April 2011

M1M2M3M4M5M6M7M8The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003 , section 18(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 , sections 12 and 48 of the Civil Jurisdiction and Judgments Act 1982 , sections 10 and 24 of the Child Abduction and Custody Act 1985 , section 97(1) of the Children Act 1989 , section 54(1) of the Access to Justice Act 1999 , sections 52(7), 102, 109(2) and 141(1) and (3) of the Adoption and Children Act 2002 , after consulting in accordance with section 79 of the Courts Act 2003 .

These rules may be cited as the Family Procedure Rules 2010 and shall come into force on 6th April 2011.C1

Annotations to the whole text

Marginal citations

M1

2003 c.39. Section 75 was amended by section 15(1) and 146 of and paragraphs 308 and 338 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005 (c.4). Section 76 was amended by section 12(2) of and paragraph 29 of Schedule 1 to the Constitutional Reform Act 2005 and section 261(1) of and paragraph 172 of Schedule 27 to the Civil Partnership Act 2004 (c.33) and section 62(7) of the Children Act 2004 (c.31) and section 25 of and paragraph 14 of Schedule 3 to the Children, Schools and Families Act 2010 (c.26).

M2

1972 c.18. Section 18 was amended by section 109(1) and paragraphs 155(1),(2)(a) and (3) of Schedule 8 to the Courts Act 2003.

M3

1982 c.27.

M4

1985 c.60.

M5

1989 c.41. Section 97(1) was amended by section 109(1) and paragraphs 337(1) and (2) of Schedule 8 to the Courts Act 2003 and by section 101(3) of the Adoption and Children Act 2002 (c.38).

M6

1999 c.22.

M7

2002 c.38. Section 102 was amended by section 40 of and paragraphs 15, 16(1), (2), (3) and (4) of Schedule 3 to the Children Act 2004. Section 141(1) and (3) were amended by section 109(1) of and paragraph 413(1) and (2) of Schedule 8 to the Courts Act 2003. Sections 102(1) to (4) and(6) to (8) and 141(1) and (3) of the Adoption and Children Act 2002 were applied with modifications for the purposes of parental orders by regulation 2 of and, Schedule 1 to the Human Fertilisation and Embryology Act (Parental Orders) Regulations 2010 (S.I.2010/985).

M8

Section 79 was amended by sections 15(1) and 146 of and paragraphs 308 and 341(1) of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.

Modifications

C1

Rules applied (with modifications) (18.6.2011) by The Magistrates' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 50-53, 69, 71, 74-76, 78, 80 (with rules 3(2), 83)

Contents

  1. Part 1: OVERRIDING OBJECTIVE
  2. 1.1The overriding objective
  3. 1.2Application by the court of the overriding objective
  4. 1.3Duty of the parties
  5. 1.4Court's duty to manage cases
  6. 1.5The Welsh language
  7. Part 2: APPLICATION AND INTERPRETATION OF THE RULES
  8. 2.1Application of these Rules
  9. 2.2The glossary
  10. 2.3Interpretation
  11. 2.4Modification of rules in application to serial numbers etc.
  12. 2.5Power to perform functions conferred on the court by these rules and practice directions
  13. 2.6Powers of the single justice to perform functions under the 1989 Act, the 1996 Act, the 2002 Act and the Childcare Act 2006
  14. 2.7Single lay justice: power to refer to the family court
  15. 2.8Court's discretion as to where it deals with cases
  16. 2.9Computation of time
  17. 2.10Dates for compliance to be calendar dates and to include time of day
  18. Part 3: Non-court Dispute Resolution
  19. Chapter 1: Interpretation
  20. 3.1Rule 3.1
  21. Chapter 2:: The Court’s Duty and Powers Generally
  22. 3.2Scope of this Chapter
  23. 3.3The court’s duty to consider non-court dispute resolution
  24. 3.4Timetabling proceedings: encouraging non-court dispute resolution
  25. Chapter 3:: Family Mediation Information and Assessment Meetings (MIAMs)
  26. 3.5Scope of this Chapter
  27. 3.6Applications to which the MIAM requirement applies
  28. 3.7Making an application
  29. 3.8Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)
  30. 3.9Conduct of MIAMs
  31. 3.10MIAM exemption not validly claimed or no longer applicable
  32. Part 3A: VULNERABLE PERSONS: PARTICIPATION IN PROCEEDINGS AND GIVING EVIDENCE
  33. 3A.1Interpretation
  34. 3A.2Application of provisions in this Part
  35. 3A.2ACourt’s duty to consider making participation directions: victims of domestic abuse
  36. 3A.3Court’s duty to consider vulnerability of other parties or witnesses
  37. 3A.4Court’s duty to consider how a party can participate in the proceedings
  38. 3A.5Court’s duty to consider how a party or a witness can give evidence
  39. 3A.6Protected parties
  40. 3A.7What the court must have regard to
  41. 3A.8Measures
  42. 3A.9When the duties of the court apply and recording reasons for decisions made under this Part
  43. 3A.10Application for directions under this Part
  44. 3A.11Procedure where the court makes directions of its own initiative
  45. 3A.12Functions of officers of the Service and Welsh family proceedings officers
  46. 3A.13Prohibition of cross-examination in person under Part 4B of the 1984 Act
  47. Part 4: GENERAL CASE MANAGEMENT POWERS
  48. 4.1The court's general powers of management
  49. 4.2Court officer's power to refer to the court
  50. 4.3Court's power to make order of its own initiative
  51. 4.4Power to strike out a statement of case
  52. 4.5Sanctions have effect unless defaulting party obtains relief
  53. 4.6Relief from sanctions
  54. 4.7General power of the court to rectify matters where there has been an error of procedure
  55. 4.8Power of the court to make civil restraint orders
  56. Part 5: FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT
  57. 5.A.1Application
  58. 5.1Forms
  59. 5.2Documents to be attached to a form
  60. 5.3Proceedings are started by issue of application form
  61. 5.4Where to start proceedings
  62. 5.5Filing documents with and sending documents to the court by e-mail
  63. 5.6Documents in the Welsh language
  64. 5.7Communications with the court
  65. 5.8Provision in relation to bulk scanning of documents
  66. Part 6: SERVICE
  67. Chapter 1: SCOPE OF THIS PART AND INTERPRETATION
  68. 6.1Part 6 rules about service apply generally
  69. 6.2Interpretation
  70. Chapter 2: SERVICE OF THE APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE JURISDICTION
  71. 6.3Interpretation
  72. 6.4Methods of service
  73. 6.5Who is to serve the application
  74. 6.6... Respondent to be served
  75. 6.6ATime for serving an application by the applicant
  76. 6.6BExtension of time for serving the application
  77. 6.7Personal service
  78. 6.7AEmail service
  79. 6.8Service of application by the court
  80. 6.9Service by the bailiff
  81. 6.10Where to serve the application – general provisions
  82. 6.11Service of the application on a solicitor within the jurisdiction ...
  83. 6.12Service of the application where the respondent gives an address at which the respondent may be served
  84. 6.13Service of the application where the respondent does not give an address at which the respondent may be served
  85. 6.14Service of the application on children and protected parties
  86. 6.15Deemed service – receipt of acknowledgment of service
  87. 6.16Deemed service by post or alternative service where no acknowledgment of service filed
  88. 6.17Proof of personal service where no acknowledgment of service filed
  89. 6.18Proof of service by the court etc.
  90. 6.19Service of the application by an alternative method or at an alternative place
  91. 6.20Power of the court to dispense with service of the application
  92. 6.21Notification of failure of postal service by the court
  93. 6.21ANotification of failure of email service by the court
  94. 6.22Notice of non-service by bailiff
  95. Chapter 3: SERVICE OF DOCUMENTS OTHER THAN AN APPLICATION FOR A MATRIMONIAL ORDER OR CIVIL PARTNERSHIP ORDER IN THE UNITED KINGDOM
  96. 6.23Method of service
  97. 6.23AService on a person where there are reasonable grounds to believe that person is residing in a refuge
  98. 6.24Who is to serve
  99. 6.25Personal service
  100. 6.26Address for service
  101. 6.27Change of address for service
  102. 6.28Service of an application form commencing proceedings on children and protected parties
  103. 6.29Service of other documents on or by children and protected parties where a litigation friend has been or will be appointed
  104. 6.30Service on or by children where a children's guardian has been or will be appointed under rule 16.4
  105. 6.31Service on or by children where a children's guardian has been appointed under rule 16.3
  106. 6.32Supplementary provisions relating to service on children and protected parties
  107. 6.33Supplementary provision relating to service on children
  108. 6.34Deemed service
  109. 6.35Service by an alternative method or at an alternative place
  110. 6.36Power to dispense with service
  111. 6.37Certificate of service
  112. 6.38Notification of outcome of service by the court
  113. 6.39Notification of non-service by bailiff
  114. Chapter 4: SERVICE OUT OF THE JURISDICTION
  115. 6.40Scope and interpretation
  116. 6.41Permission to serve not required
  117. 6.41ATime for serving an application for a matrimonial or civil partnership order out of the jurisdiction
  118. 6.41BExtension of time for serving the application for a matrimonial or civil partnership order
  119. 6.42Period for acknowledging service or responding to application where application is served out of the jurisdiction
  120. 6.43Method of service – general provisions
  121. 6.44Service in accordance with the Service Regulation Repealed
  122. 6.45Service through foreign governments, judicial authorities and British Consular authorities
  123. 6.46Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
  124. 6.47Translation of application form or other document
  125. 6.48Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
  126. Part 7: PROCEDURE FOR APPLICATIONS IN MATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS
  127. Chapter 1: APPLICATION AND INTERPRETATION
  128. 7.1Application and interpretation
  129. Chapter 2: RULES ABOUT STARTING PROCEEDINGS
  130. 7.2Who the parties are
  131. 7.3Statement of reconciliation
  132. 7.4Limitation on applications in respect of same marriage or civil partnership
  133. 7.5Service of application
  134. 7.6Withdrawal of application before service
  135. 7.7What the respondent must do on receiving the application
  136. Chapter 3: STANDARD CASE
  137. 7.8Amending an application
  138. 7.9Applications for conditional order
  139. 7.10What the court will do on an application for a conditional order, a judicial separation or a separation order
  140. 7.11What the court must do for the case management hearing
  141. Chapter 4: DISPUTED CASE
  142. 7.12How the respondent can make an application
  143. 7.13References to respondents
  144. 7.14Case management hearing
  145. 7.15Amendment of application and answer
  146. 7.16Further information about the contents of the application and the answer
  147. 7.17What the court must do for the case management hearing
  148. Chapter 5: PROCEEDINGS AFTER CONDITIONAL ORDER (STANDARD AND DISPUTED CASE)
  149. 7.18Applications to prevent conditional orders being made final
  150. 7.19Making conditional orders final by giving notice
  151. 7.20Applications to make conditional orders final
  152. 7.21What the court officer must do when a conditional order is made final
  153. 7.22Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act
  154. 7.23Orders under section 10A(2) of the 1973 Act
  155. Chapter 6: PROVISIONS SPECIFIC TO NULLITY PROCEEDINGS
  156. 7.24Respondent to nullity application
  157. 7.25Supplemental applications
  158. 7.26Nullity: interim and full gender recognition certificates
  159. 7.27Nullity: filing an answer
  160. 7.28Nullity – inspection of certificate of entitlement
  161. 7.29Medical examinations in proceedings for nullity of a marriage of an opposite sex couple
  162. Chapter 7: GENERAL PROVISIONS
  163. 7.30General rule – hearing to be in public
  164. 7.31Notice of hearing
  165. 7.32Further provisions about costs
  166. 7.33Stay of proceedings
  167. 7.34The circumstances in which an order may be set aside (rescission)
  168. 7.35Records of decrees absolute and final orders
  169. Part 8: PROCEDURE FOR MISCELLANEOUS APPLICATIONS
  170. Chapter 1: PROCEDURE
  171. 8.1Procedure
  172. Chapter 2: APPLICATION FOR CORRECTED GENDER RECOGNITION CERTIFICATE
  173. 8.2Scope of this Chapter
  174. 8.3Where to start proceedings
  175. 8.4Who the parties are
  176. 8.5Delivery of copy certificate to Secretary of State
  177. Chapter 3: APPLICATION FOR ALTERATION OF MAINTENANCE AGREEMENT AFTER DEATH OF ONE PARTY
  178. 8.6Scope of this Chapter
  179. 8.7Where to start proceedings Repealed
  180. 8.8Who the parties are
  181. 8.9Representative parties
  182. 8.10Acknowledgment of service
  183. 8.11Hearings may be in private
  184. Chapter 4: APPLICATION FOR QUESTION AS TO PROPERTY TO BE DECIDED IN SUMMARY WAY
  185. 8.12Scope of this Chapter
  186. 8.13Procedure
  187. 8.14Where to start proceedings
  188. 8.15Mortgagees as parties
  189. 8.16Injunctions
  190. 8.17Application of other rules
  191. Chapter 5: DECLARATIONS
  192. 8.18Scope of this Chapter
  193. 8.19Where to start proceedings Repealed
  194. 8.20Who the parties are
  195. 8.21The role of the Attorney General
  196. 8.22Declarations of parentage
  197. Chapter 6: APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS
  198. 8.23Scope of this Chapter
  199. 8.24How to start proceedings
  200. 8.25Application without notice
  201. 8.26Notification of hearing date
  202. 8.27Hearings to be in private unless the court directs otherwise
  203. 8.28Direction that application be dealt with by a district judge of the principal registry Repealed
  204. Chapter 7: APPLICATION FOR THE TRANSFER OF A TENANCY UNDER SECTION 53 OF, AND SCHEDULE 7 TO, THE 1996 ACT
  205. 8.29Scope of this Chapter
  206. 8.30Where to start proceedings
  207. 8.31Service of the application
  208. 8.32Who the parties are
  209. 8.33Orders for disclosure
  210. 8.34Injunctions
  211. Chapter 8: APPLICATIONS FOR ORDERS PREVENTING AVOIDANCE UNDER SECTION 32L OF THE CHILD SUPPORT ACT 1991
  212. 8.35Scope of this Chapter
  213. 8.36Interpretation
  214. 8.37Where to start proceedings Repealed
  215. 8.38Who the parties are
  216. 8.39Service of the application
  217. 8.40Applications without notice
  218. Chapter 9: APPLICATION FOR CONSENT TO MARRIAGE OF A CHILD OR TO REGISTRATION OF CIVIL PARTNERSHIP OF A CHILD
  219. 8.41Scope of this Chapter Repealed
  220. 8.42Child acting without a children's guardian Repealed
  221. 8.43Who the respondents are Repealed
  222. Part 9: APPLICATIONS FOR A FINANCIAL REMEDY
  223. Chapter 1: APPLICATION AND INTERPRETATION
  224. 9.1Application
  225. 9.2Application of Magistrates' Courts Rules 1981 Repealed
  226. 9.3Interpretation
  227. Chapter 2: PROCEDURE FOR APPLICATIONS
  228. 9.4When an Application for a financial order may be made
  229. 9.5Where to start proceedings
  230. 9.6Application for an order preventing a disposition
  231. 9.7Application for interim orders
  232. 9.8Application for periodical payments order at same rate as an order for maintenance pending suit
  233. 9.9Application for periodical payments order at same rate as an order for maintenance pending outcome of proceedings
  234. 9.9AApplication to set aside a financial remedy order
  235. 9.9BStandard and fast-track procedures for financial remedy proceedings
  236. Chapter 3: APPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN
  237. 9.10Application by parent, guardian etc for financial remedy in respect of children
  238. 9.11Children to be separately represented on certain applications
  239. Chapter 4: STANDARD PROCEDURE
  240. 9.12Duties of the court and the applicant upon issuing an application
  241. 9.13Service of application on mortgagees, trustees etc
  242. 9.14Procedure before the first appointment
  243. 9.15Duties of the court at the first appointment
  244. 9.16After the first appointment
  245. 9.17The FDR appointment
  246. Chapter 5: FAST-TRACK PROCEDURE
  247. 9.18Duties of the court and the applicant upon filing an application
  248. 9.18ARequest for change of procedure
  249. 9.19Procedure before the first hearing
  250. 9.20Consideration of the application at the first hearing
  251. 9.21Who the respondent is on an application under section 20 or section 20A of the 1978 Act or Part 6 of Schedule 6 to the 2004 Act
  252. 9.21ADuty to make entries in the court’s register
  253. Chapter 5A: Certain applications
  254. 9.22Application for a maintenance order, or revocation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies Repealed
  255. 9.23Duty to make entries in the court's register Repealed
  256. Chapter 6: GENERAL PROCEDURE
  257. 9.24Power to order delivery up of possession etc.
  258. 9.25Where proceedings may be heard
  259. 9.26Applications for consent orders for financial remedy
  260. 9.26AQuestions as to the court’s jurisdiction or whether the proceedings should be stayed
  261. 9.26AAInternational Maintenance Obligations: Communication with the Central Authority for England and Wales
  262. 9.26BAdding or removing parties
  263. 9.26CMethod of making periodical payments
  264. 9.26DCourt officer to notify subsequent marriage or formation of civil partnership of a person entitled to payments under a maintenance order
  265. 9.26EEnforcement and apportionment where periodical payments are made under more than one order
  266. Chapter 7: ESTIMATES OF COSTS
  267. 9.27Estimates of Costs
  268. 9.27ADuty to make open proposals after a FDR appointment or where there has been no FDR appointment
  269. 9.28Duty to make open proposals before a final hearing
  270. Chapter 8: PENSIONS
  271. 9.29Application and interpretation of this Chapter
  272. 9.30What the party with pension rights must do when the court fixes a first appointment
  273. 9.31Applications for pension sharing orders
  274. 9.32Applications for consent orders for pension sharing
  275. 9.33Applications for pension attachment orders
  276. 9.34Applications for consent orders for pension attachment
  277. 9.35Pension sharing orders or pension attachment orders
  278. 9.36Duty of the court upon making a pension sharing order or a pension attachment order
  279. 9.37Procedure where Pension Protection Fund becomes involved with the pension scheme
  280. Chapter 9: PENSION PROTECTION FUND COMPENSATION
  281. 9.38Application and interpretation of this Chapter
  282. 9.39What the party with compensation rights must do when the court fixes a first appointment
  283. 9.40Applications for pension compensation sharing orders
  284. 9.41Applications for consent orders for pension compensation sharing
  285. 9.42Applications for pension compensation attachment orders
  286. 9.43Applications for consent orders for pension compensation attachment
  287. 9.44Pension compensation sharing orders or pension compensation attachment orders
  288. 9.45Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order
  289. Chapter 10: COMMUNICATION OF INFORMATION FROM FINANCIAL REMEDY PROCEEDINGS
  290. 9.46Communication of information: Practice Direction 9B
  291. 947Communication of information with the permission of the court
  292. Part 10: APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
  293. 10.1Scope and interpretation of this Part
  294. 10.2Applications for an occupation order or a non-molestation order
  295. 10.3Service of the application
  296. 10.4Transfer of pending proceedings to another court Repealed
  297. 10.5Privacy
  298. 10.6Service of an order
  299. 10.7Representations made by a mortgagee or landlord
  300. 10.8Applications to vary, extend or discharge an order
  301. 10.9Orders containing provisions to which a power of arrest is attached
  302. 10.10Service of an order on the officer for the time being in charge of a police station
  303. 10.11Proceedings following arrest ...
  304. 10.12Enforcement of an order: requirement for a penal notice
  305. 10.13Enforcement of an undertaking
  306. 10.14Power to adjourn the hearing for consideration of the penalty
  307. 10.15Hospital orders or guardianship orders under the Mental Health Act 1983
  308. 10.16Transfer directions under section 48 of the Mental Health Act 1983
  309. 10.17Recognizances
  310. Part 11: APPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003
  311. 11.1Scope and interpretation
  312. 11.2Applications
  313. 11.2ADirections about service
  314. 11.3Permission to apply
  315. 11.4Service of applications on notice
  316. 11.5Transfer of proceedings Repealed
  317. 11.6Parties
  318. 11.7Hearings and service of orders
  319. 11.8Orders made by the court of its own initiative
  320. 11.9Representations in respect of orders
  321. 11.10Applications to vary, extend or discharge an order
  322. 11.11Orders containing provisions to which a power of arrest is attached Repealed
  323. 11.12Notifying the police
  324. 11.13Application for issue of warrant for arrest
  325. 11.14Proceedings following arrest
  326. 11.15Enforcement of orders and undertakings
  327. 11.16Power to adjourn the hearing for consideration of the penalty
  328. 11.17Hospital orders or guardianship orders under the Mental Health Act 1983
  329. 11.18Transfer directions under section 48 of the Mental Health Act 1983
  330. 11.19Recognizances
  331. Part 12: CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
  332. Chapter 1: INTERPRETATION AND APPLICATION OF THIS PART
  333. 12.1Application of this Part
  334. 12.2Interpretation
  335. Chapter 2: GENERAL RULES
  336. 12.3Who the parties are
  337. 12.4Notice of proceedings to person with foreign parental responsibility
  338. 12.5What the court will do when the application has been issued
  339. 12.6Children's guardian, solicitor and reports under section 7 of the 1989 Act
  340. 12.7What a court officer will do
  341. 12.8Service
  342. 12.9Request for transfer from magistrates' court to county court or to another magistrates' court Repealed
  343. 12.10Procedure following refusal of magistrates' court to order transfer Repealed
  344. 12.11Transfer of proceedings from one court to another court Repealed
  345. 12.12Directions
  346. 12.13Setting dates for hearings and setting or confirming the timetable and date for the final hearing
  347. 12.14Attendance at hearings
  348. 12.15Steps taken by the parties
  349. 12.16Applications without notice
  350. 12.17Investigation under section 37 of the 1989 Act
  351. 12.18Disclosure of a report under section 14A(8) or (9) of the 1989 Act
  352. 12.19Additional evidence
  353. 12.20Expert evidence-examination of child Repealed
  354. 12.21Hearings
  355. Chapter 3: SPECIAL PROVISIONS ABOUT PUBLIC LAW PROCEEDINGS
  356. 12.22Timetable for the proceedings
  357. 12.23Application of rules 12.24 to 12.26C
  358. 12.24Directions
  359. 12.25The Case Management Hearing and the Issues Resolution Hearing
  360. 12.26Discussion between advocates
  361. 12.26AApplication for extension of the time limit for disposing of the application
  362. 12.26BDisapplication of rule 4.1(3)(a) court’s power to extend or shorten the time for compliance with a rule
  363. 12.26CExtension of time limit: reasons for court’s decision
  364. 12.27Matters prescribed for the purposes of the Act
  365. 12.28Exclusion requirements: interim care orders and emergency protection orders
  366. 12.29Notification of consent
  367. 12.30Proceedings for secure accommodation orders: copies of reports
  368. Chapter 4: SPECIAL PROVISIONS ABOUT PRIVATE LAW PROCEEDINGS
  369. 12.31The First Hearing Dispute Resolution Appointment
  370. 12.32Answer
  371. 12.33Applications for warning notices or applications to amend enforcement orders by reason of change of residence
  372. 12.34Service of a risk assessment
  373. 12.35Service of enforcement orders or orders amending or revoking enforcement orders
  374. Chapter 5: SPECIAL PROVISIONS ABOUT INHERENT JURISDICTION PROCEEDINGS
  375. 12.36Where to start proceedings
  376. 12.37Child as respondent to wardship proceedings
  377. 12.38Registration requirements
  378. 12.39Notice of child's whereabouts
  379. 12.40Enforcement of orders in wardship proceedings
  380. 12.41Child ceasing to be ward of court
  381. 12.42Adoption of a child who is a ward of court
  382. 12.42AApplication for a writ of habeas corpus for release in relation to a minor
  383. 12.42BApplication to set aside an inherent jurisdiction order
  384. Chapter 6: PROCEEDINGS UNDER THE 1980 HAGUE CONVENTION, THE EUROPEAN CONVENTION, ... AND THE 1996 HAGUE CONVENTION
  385. 12.43Scope
  386. Proceedings under the 1980 Hague Convention or the European Convention
  387. 12.44Interpretation
  388. 12.45Where to start proceedings
  389. 12.46Evidence in support of application
  390. 12.47Without-notice applications
  391. 12.48Directions
  392. 12.49Answer
  393. 12.50Filing and serving written evidence
  394. 12.51Adjournment
  395. 12.52Stay of proceedings upon notification of wrongful removal etc.
  396. 12.52AApplication to set aside a return order under the 1980 Hague Convention
  397. 12.53Stay of proceedings where application made under s.16 of the 1985 Act (registration of decisions under the European Convention)
  398. 12.54Transfer of proceedings
  399. 12.55Revocation and variation of registered decisions
  400. 12.56The central index of decisions registered under the 1985 Act
  401. 12.57Disclosure of information in proceedings under the European Convention
  402. Applications relating to ... the 1996 Hague Convention
  403. 12.58Interpretation
  404. 12.59Procedure under Article 11(6) of the Council Regulation where the court makes a non-return order under Article 13 of the 1980 Hague Convention Repealed
  405. 12.60Procedure under Article 11(7) of the Council Regulation where the court receives a non-return order made under Article 13 of the 1980 Hague Convention by a court in another Member State Repealed
  406. 12.61Transfer of proceedings under ... Article 8 of the 1996 Hague Convention
  407. 12.62Application by a party for transfer of the proceedings
  408. 12.63Application by a court of ... another Contracting State for transfer of the proceedings
  409. 12.64Exercise by the court of its own initiative of powers to seek to transfer the proceedings
  410. 12.65Application to High Court to make request under ... Article 9 of the 1996 Hague Convention to request transfer of jurisdiction
  411. 12.66Procedure where the court receives a request from the authorities of another ... Contracting State to assume jurisdiction in a matter concerning a child
  412. 12.67Service of the court's order or request relating to transfer of jurisdiction under ...the 1996 Hague Convention
  413. 12.68Questions as to the court's jurisdiction or whether the proceedings should be stayed
  414. 12.69Request for consultation as to contemplated placement of child in England and Wales
  415. 12.70Request made by court in England and Wales for consultation as to contemplated placement of child in another ... Contracting State
  416. 12.71Application for a declaration as to the extent, or existence, of parental responsibility in relation to a child under Article 16 of the 1996 Hague Convention
  417. Chapter 6A: Special provision about return proceedings with links to asylum claims
  418. 12.71ARule 12.71A
  419. Chapter 7: COMMUNICATION OF INFORMATION: CHILDREN PROCEEDINGS
  420. 12.72Interpretation
  421. 12.73Communication of information: general
  422. 12.73ACommunication of information with permission of the court
  423. 12.74Instruction of experts Repealed
  424. 12.75Communication of information for purposes connected with the proceedings
  425. Part 13: PROCEEDINGS UNDER SECTION 54 OR SECTION 54A OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 2008
  426. 13.1Interpretation and application
  427. 13.2Application of Part 12
  428. 13.3Who the parties are
  429. 13.4Notice of proceedings to person with foreign parental responsibility
  430. 13.5What the court or a court officer will do when the application has been issued
  431. 13.6Service of the application and other documents
  432. 13.7Acknowledgement
  433. 13.8Date for first directions hearing
  434. 13.9The first directions hearing
  435. 13.10Where the agreement of the other parent or the woman who carried the child is not required
  436. 13.11Agreement
  437. 13.12Reports of the parental order reporter and disclosure to the parties
  438. 13.13Notice of final hearing
  439. 13.14The final hearing
  440. 13.15Proof of identity of the child
  441. 13.16Disclosing information to an adult who was subject to a parental order
  442. 13.17Application for recovery orders
  443. 13.18Keeping of registers, custody, inspection and disclosure of documents and information
  444. 13.19Documents held by the court not to be inspected or copied without the court's permission
  445. 13.20Orders
  446. 13.21Copies of orders
  447. 13.22Amendment and revocation of orders
  448. Part 14: PROCEDURE FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS
  449. 14.1Application of this Part and interpretation
  450. 14.2Assignment of a serial number
  451. 14.3Who the parties are
  452. 14.4Notice of proceedings to person with foreign parental responsibility
  453. 14.5Who is to serve
  454. 14.6What the court or a court officer will do when the application has been issued
  455. 14.7Date for first directions hearing
  456. 14.8The first directions hearing
  457. 14.9Requesting the court to dispense with the consent of any parent or guardian
  458. 14.10Consent
  459. 14.11Reports by the adoption agency or local authority
  460. 14.12Health reports
  461. 14.13Confidential reports to the court and disclosure to the parties
  462. 14.14Communication of information relating to proceedings
  463. 14.14ACommunication of information with permission of the court
  464. 14.15Notice of final hearing
  465. 14.16The final hearing
  466. 14.17Proof of identity of the child
  467. 14.18Disclosing information to an adopted adult
  468. 14.19Translation of documents
  469. 14.20Application for recovery orders
  470. 14.21Notice to fathers without parental responsibility
  471. 14.22Timing of applications for section 89 order
  472. 14.23Custody of documents
  473. 14.24Documents held by the court not to be inspected or copied without the court's permission
  474. 14.25Orders
  475. 14.26Copies of orders
  476. 14.27Amendment and revocation of orders
  477. 14.28Keeping registers in the family proceedings court Repealed
  478. Part 15: REPRESENTATION OF PROTECTED PARTIES
  479. 15.1Application of this Part
  480. 15.2Requirement for litigation friend in proceedings
  481. 15.3Stage of proceedings at which a litigation friend becomes necessary
  482. 15.4Who may be a litigation friend for a protected party without a court order
  483. 15.5How a person becomes a litigation friend without a court order
  484. 15.6How a person becomes a litigation friend by court order
  485. 15.7Court's power to change litigation friend and to prevent person acting as litigation friend
  486. 15.8Appointment of litigation friend by court order – supplementary
  487. 15.9Procedure where appointment of litigation friend comes to an end
  488. Part 16: REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
  489. Chapter 1: APPLICATION OF THIS PART
  490. 16.1Application of this Part
  491. Chapter 2: CHILD AS PARTY IN FAMILY PROCEEDINGS
  492. 16.2When the court may make a child a party to proceedings
  493. Chapter 3: WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
  494. 16.3Appointment of a children's guardian in specified proceedings or proceedings to which Part 14 applies
  495. 16.4Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies
  496. 16.5Requirement for a litigation friend
  497. Chapter 4: WHERE A CHILDREN'S GUARDIAN OR LITIGATION FRIEND IS NOT REQUIRED
  498. 16.6Circumstances in which a child does not need a children's guardian or litigation friend
  499. Chapter 5: LITIGATION FRIEND
  500. 16.7Application of this Chapter
  501. 16.8Stage of proceedings at which a litigation friend becomes necessary
  502. 16.9Who may be a litigation friend for a child without a court order
  503. 16.10How a person becomes a litigation friend without a court order
  504. 16.11Appointment of litigation friend by the court
  505. 16.12Court's power to change litigation friend and to prevent person acting as litigation friend
  506. 16.13Appointment of litigation friend by court order – supplementary
  507. 16.14Powers and duties of litigation friend
  508. 16.15Procedure where appointment of litigation friend comes to an end
  509. Chapter 6: CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.3
  510. 16.16Application of this Chapter
  511. 16.17Who may be a children's guardian
  512. 16.18What the court or a court officer will do once the court has made a decision about appointing a children's guardian
  513. 16.19Termination of the appointment of the children's guardian
  514. 16.20Powers and duties of the children's guardian
  515. 16.21Where the child instructs a solicitor or conducts proceedings on the child's own behalf
  516. Chapter 7: CHILDREN'S GUARDIAN APPOINTED UNDER RULE 16.4
  517. 16.22Application of this Chapter
  518. 16.23Stage of proceedings at which a children's guardian becomes necessary
  519. 16.24Appointment of a children's guardian
  520. 16.25Court's power to change children's guardian and to prevent person acting as children's guardian
  521. 16.26Appointment of children's guardian by court order – supplementary
  522. 16.27Powers and duties of children's guardian
  523. 16.28Procedure where appointment of children's guardian comes to an end
  524. Chapter 8: DUTIES OF SOLICITOR ACTING FOR THE CHILD
  525. 16.29Solicitor for child
  526. Chapter 9: REPORTING OFFICER
  527. 16.30When the court appoints a reporting officer
  528. 16.31Appointment of the same reporting officer in respect of two or more parents or guardians
  529. 16.32The duties of the reporting officer
  530. Chapter 10: CHILDREN AND FAMILY REPORTER AND WELFARE OFFICER
  531. 16.33Request by court for a welfare report in respect of the child
  532. Chapter 11: PARENTAL ORDER REPORTER
  533. 16.34When the court appoints a parental order reporter
  534. 16.35Powers and duties of the parental order reporter
  535. Chapter 12: SUPPLEMENTARY APPOINTMENT PROVISIONS
  536. 16.36Persons who may not be appointed as children's guardian, reporting officer or children and family reporter
  537. 16.37Appointment of the same person as children's guardian, reporting officer and children and family reporter
  538. Chapter 13: OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES
  539. 16.38Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties
  540. Chapter 14: ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED
  541. 16.39Application for enforcement orders and financial compensation orders: duties of the person notified
  542. Part 17: STATEMENTS OF TRUTH
  543. 17.1Interpretation
  544. 17.2Documents to be verified by a statement of truth
  545. 17.3Failure to verify a statement of case
  546. 17.4Failure to verify a witness statement
  547. 17.5Power of the court to require a document to be verified
  548. 17.6False statements
  549. Part 18: PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS
  550. 18.1Types of application for which Part 18 procedure may be followed
  551. 18.2Applications for permission to start proceedings
  552. 18.3Respondents to applications under this Part
  553. 18.4Application notice to be filed
  554. 18.5Notice of an application
  555. 18.6Time when an application is made
  556. 18.7What an application notice must include
  557. 18.8Service of a copy of an application notice
  558. 18.9Applications which may be dealt with without a hearing
  559. 18.10Service of application notice following court order where application made without notice
  560. 18.11Application to set aside or vary order made without notice
  561. 18.12Power of the court to proceed in the absence of a party
  562. 18.13Dismissal of totally without merit applications
  563. Part 19: ALTERNATIVE PROCEDURE FOR APPLICATIONS
  564. 19.1Types of application for which Part 19 procedure may be followed
  565. 19.2Applications for which the Part 19 procedure must be followed
  566. 19.3Contents of the application
  567. 19.4Issue of application without naming respondents
  568. 19.5Acknowledgment of service
  569. 19.6Consequence of not filing an acknowledgment of service
  570. 19.7Filing and serving written evidence
  571. 19.8Evidence – general
  572. 19.9Procedure where respondent objects to use of the Part 19 procedure
  573. Part 20: INTERIM REMEDIES AND SECURITY FOR COSTS
  574. Chapter 1: INTERIM REMEDIES
  575. 20.1Scope of this Part Repealed
  576. 20.2Orders for interim remedies
  577. 20.3Time when an order for an interim remedy may be made
  578. 20.4How to apply for an interim remedy
  579. 20.5Interim injunction to cease if application is stayed
  580. Chapter 2: SECURITY FOR COSTS
  581. 20.6Security for costs
  582. 20.7Conditions to be satisfied
  583. 20.8Security for costs of an appeal
  584. Part 21: MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS
  585. 21.1Interpretation
  586. 21.2Orders for disclosure against a person not a party
  587. 21.3Claim to withhold inspection or disclosure of a document
  588. Part 22: EVIDENCE
  589. Chapter 1: GENERAL RULES
  590. 22.1Power of court to control evidence
  591. 22.2Evidence of witnesses – general rule
  592. 22.3Evidence by video link or other means
  593. 22.4Witness statements
  594. 22.5Service of witness statements for use at the final hearing
  595. 22.6Use at the final hearing of witness statements which have been served
  596. 22.7Evidence at hearings other than the final hearing
  597. 22.8Order for cross-examination
  598. 22.9Witness summaries
  599. 22.10Consequence of failure to serve witness statement
  600. 22.11Cross-examination on a witness statement
  601. 22.12Affidavit evidence
  602. 22.13Form of affidavit
  603. 22.14Affidavit made outside the jurisdiction
  604. 22.15Notice to admit facts
  605. 22.16Notice to admit or produce documents
  606. 22.17Notarial acts and instruments
  607. Chapter 2: RULES APPLYING ONLY TO PARTICULAR PROCEEDINGS
  608. 22.18Scope of this Chapter
  609. 22.19Availability of witness statements for inspection during the final hearing
  610. 22.20Use of witness statements for other purposes
  611. Part 23: MISCELLANEOUS RULES ABOUT EVIDENCE
  612. 23.1Scope and interpretation of this Part
  613. 23.2Notice of intention to rely on hearsay evidence
  614. 23.3Circumstances in which notice of intention to rely on hearsay evidence is not required
  615. 23.4Power to call witness for cross-examination on hearsay evidence
  616. 23.5Credibility
  617. 23.6Use of plans, photographs and models etc as evidence
  618. 23.7Evidence of finding on question of foreign law
  619. 23.8Evidence of consent of trustee to act
  620. 23.9Note of oral evidence ...
  621. Part 24: WITNESSES AND DEPOSITIONS GENERALLY
  622. Chapter 1: WITNESSES AND DEPOSITIONS
  623. 24.1Scope of this Chapter
  624. 24.2Witness summonses
  625. 24.3Issue of a witness summons
  626. 24.4Time for serving a witness summons
  627. 24.5Who is to serve a witness summons
  628. 24.6Right of witness to travelling expenses and compensation for loss of time
  629. 24.7Evidence by deposition
  630. 24.8Conduct of examination
  631. 24.9Enforcing attendance of witness
  632. 24.10Use of deposition at a hearing
  633. 24.11Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing
  634. 24.12Where a person to be examined is out of the jurisdiction – letter of request
  635. 24.13Fees and expenses of examiner of the court
  636. 24.14Examiners of the court
  637. Chapter 2: TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION
  638. 24.15Interpretation Repealed
  639. 24.16Where a person to be examined is in another Regulation State Repealed
  640. Part 25: EXPERTS AND ASSESSORS
  641. 25.1Duty to restrict expert evidence Repealed
  642. 25.2Interpretation
  643. 25.3Experts-overriding duty to the court
  644. 25.4Control of expert evidence in proceedings other than children proceedings
  645. 25.5Further provisions about the court’s power to restrict expert evidence
  646. 25.5ARequirement for experts to be regulated in children proceedings
  647. 25.6When to apply for the court’s permission
  648. 25.7What an application notice requesting the court’s permission must include
  649. 25.8Where permission is granted
  650. 25.9General requirement for expert evidence to be given in a written report
  651. 25.10Written questions to experts
  652. 25.11Court’s power to direct that evidence is to be given by a single joint expert
  653. 25.12Instructions to a single joint expert
  654. 25.13Power of court to direct a party to provide information
  655. 25.14Contents of report
  656. 25.15Use by one party of expert’s report disclosed by another
  657. 25.16Discussions between experts
  658. 25.17Expert’s right to ask court for directions
  659. 25.18Copies of orders and other documents
  660. 25.19Action after final hearing
  661. 25.20Assessors
  662. Part 26: CHANGE OF SOLICITOR
  663. 26.1Solicitor acting for a party
  664. 26.2Change of solicitor – duty to give notice
  665. 26.3Order that a solicitor has ceased to act
  666. 26.4Removal of solicitor who has ceased to act on application of another party
  667. Part 27: HEARINGS AND DIRECTIONS APPOINTMENTS
  668. 27.1Application of this Part
  669. 27.2Reasons for a decision : proceedings before a lay justice or justices
  670. 27.3Attendance at hearing or directions appointment
  671. 27.4Proceedings in the absence of a party
  672. 27.5Application to set aside judgment or order following failure to attend
  673. 27.6Court bundles and place of filing of documents and bundles
  674. 27.7Representation of companies or other corporations
  675. 27.8Impounded documents
  676. 27.9Recording, transcription and informal notes of proceedings
  677. 27.10Hearings in private
  678. 27.11Attendance at private hearings
  679. Part 28: COSTS
  680. 28.1Costs
  681. 28.2Application of other rules
  682. 28.3Costs in financial remedy proceedings
  683. 28.4Wasted costs orders in the magistrates' court: appeals Repealed
  684. Part 29: MISCELLANEOUS
  685. 29.1Personal details
  686. 29.2Disclosure of information under the 1991 Act
  687. 29.3Method of giving notice
  688. 29.4Withdrawal of applications in proceedings
  689. 29.5The Human Rights Act 1998
  690. 29.6Documents in proceedings concerning gender recognition
  691. 29.7Stamping or sealing court documents
  692. 29.8Applications for relief which is precluded by the 1991 Act
  693. 29.9Modification of rule 29.8 where the application is not freestanding
  694. 29.10Standard requirements
  695. 29.11Drawing up and filing of judgments and orders
  696. 29.12Access to and inspection of documents retained in court
  697. 29.13Service of judgments and orders
  698. 29.14Power to require judgment or order to be served on a party as well as the party's solicitor
  699. 29.15When judgment or order takes effect
  700. 29.16Correction of errors in judgments and orders
  701. 29.17Transfer of proceedings
  702. 29.18Application for change of area
  703. 29.19Allocation of proceedings to another level of judge
  704. Part 30: APPEALS
  705. 30.1Scope and interpretation
  706. 30.2Parties to comply with the practice direction
  707. 30.3Permission
  708. 30.4Appellant's notice
  709. 30.5Respondent's notice
  710. 30.6Grounds of appeal
  711. 30.7Variation of time
  712. 30.8Stay
  713. 30.9Amendment of appeal notice
  714. 30.10Striking outappeal notices and setting aside or imposing conditions on permission to appeal
  715. 30.11Appeal court's powers
  716. 30.12Hearing of appeals
  717. 30.12AAppeal court’s power to order that hearing of appeal be held in public
  718. 30.13Assignment of appeals to the Court of Appeal
  719. 30.14Reopening of final appeals
  720. Part 31: REGISTRATION OF ORDERS UNDER ... THE HAGUE CONVENTION 1996
  721. 31.1Scope
  722. 31.2Interpretation
  723. 31.3Where to start proceedings
  724. 31.4Application for registration, recognition or non-recognition of a judgment
  725. 31.5Documents – supplementary
  726. 31.6Directions
  727. 31.7Recognition and enforcement under the Council Regulation of a judgment given in another Member State relating to rights of access or under Article 11(8) for the return of the child to that State Repealed
  728. 31.8Registration for enforcement or order for non-recognition of a judgment
  729. 31.9Stay of recognition proceedings by reason of an appeal
  730. 31.10Effect of refusal of application for a decision that a judgment should not be recognised
  731. 31.11Notification of the court's decision on an application for registration or non-recognition
  732. 31.12Effect of registration under rule 31.11
  733. 31.13The central index of judgments registered under rule 31.11
  734. 31.14Decision on recognition of a judgment only
  735. 31.15Appeal against the court's decision under rules 31.10, 31.11 or 31.14
  736. 31.16Stay of enforcement where appeal pending in state of origin
  737. 31.17Enforcement of judgments registered under rule 31.11
  738. 31.18Request for a certificate or a certified copy of a judgment
  739. 31.19Certificates issued in England and Wales under Articles 41 and 42 of the Council Regulation Repealed
  740. 31.20Rectification of certificate issued under Article 41 or 42 of the Council Regulation Repealed
  741. 31.21Authentic instruments and agreements under Article 46 of the Council Regulation Repealed
  742. 31.22Application for provisional, including protective measures.
  743. Part 32: REGISTRATION AND ENFORCEMENT OF ORDERS
  744. Chapter 1: SCOPE AND INTERPRETATION OF THIS PART
  745. 32.1Scope and interpretation
  746. Chapter 2: REGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT
  747. Interpretation of this Chapter
  748. 32.2Interpretation
  749. Registration etc of High Court and family court orders
  750. 32.3Registration of a High Court order
  751. 32.4Notice of Variation etc. of a High Court order
  752. 32.5Cancellation of registration of a High Court order by the court of registration
  753. 32.5ACancellation of registration of a High Court order by the High Court
  754. 32.6Application of this Chapter to a family court order
  755. 32.6AVariation of a family court order: section 22(1) of the 1950 Act
  756. 32.6BApplication to adduce evidence: section 22(5) of the 1950 Act
  757. Registration etc. of Scottish and Northern Irish orders
  758. 32.7Registration of Scottish and Northern Irish orders
  759. 32.8Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act
  760. 32.9Notice of variation etc. of Scottish and Northern Irish orders
  761. 32.9AVariation of Scottish and Northern Irish orders by the family court
  762. 32.10Cancellation of registration of Scottish and Northern Irish orders
  763. 32.10APayments under a maintenance order registered in the family court
  764. 32.11Enforcement
  765. 32.12Inspection of register and copies of order
  766. 32.12ANotices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act
  767. Chapter 3: REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT
  768. 32.13Interpretation
  769. 32.14Registration of orders – prescribed period
  770. 32.15Application for registration of a maintenance order in the family court – procedure in the High Court
  771. 32.15AApplication for registration of a maintenance order in the family court – procedure in the family court
  772. 32.16Registration in the family court of an order registered in the High Court - procedure in the High Court
  773. 32.16ARegistration in the family court of an order registered in the High Court – procedure in the family court
  774. 32.17Registration in the High Court of a magistrates' court order Repealed
  775. 32.18Registration in the High Court of an order registered in a magistrates' court Repealed
  776. 32.19Variation or discharge of an order registered in the family court – procedure in the High Court
  777. 32.19AVariation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court
  778. 32.20Variation or discharge of an order registered in the High Court Repealed
  779. 32.21Cancellation of registration – orders registered in the High Court Repealed
  780. 32.22Cancellation of registration – orders registered in the family court
  781. 32.22ANotices: payments made through the family court
  782. 32.22BMethod of payment
  783. 32.22CVariation of method of payment
  784. 32.22DNotices received from another court or from a person entitled to payments
  785. Chapter 4: REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT
  786. 32.23Interpretation
  787. 32.24Prescribed officer and functions of the court
  788. 32.25Application for the registration of an order made by the High Court or the family court
  789. 32.26Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
  790. 32.27Revocation and variation of an order made in the High Court or the family court
  791. 32.28Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory
  792. 32.29Interim directions
  793. 32.30Staying and dismissal of enforcement proceedings
  794. 32.31Particulars of other proceedings
  795. 32.32Inspection of register
  796. Chapter 5: Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments
  797. 32.33Court officers and enforcement proceedings
  798. Part 33: ENFORCEMENT
  799. Chapter 1: GENERAL RULES
  800. 33.1Application
  801. Enforcement of orders for the payment of money
  802. 33.2Application of the Civil Procedure Rules
  803. 33.3How to apply
  804. 33.4Transfer of orders
  805. Committal and injunction
  806. 33.5Enforcement of orders by way of committal
  807. 33.6Proceedings in the principal registry treated as pending in a designated county court Repealed
  808. 33.7Specific modifications of the CCR Repealed
  809. 33.8Section 118 County Courts Act 1984 and the tipstaff Repealed
  810. Chapter 2: COMMITTAL BY WAY OF JUDGMENT SUMMONS
  811. 33.9Interpretation
  812. 33.10Application
  813. 33.11Judgment summons
  814. 33.12Successive judgment summonses
  815. 33.13Order or summons to attend adjourned hearing: requirement for personal service
  816. 33.14Committal on application for judgment summons
  817. 33.14AExpenses
  818. 33.15Orders for the benefit of different persons
  819. 33.16Hearing of judgment summons
  820. 33.17Special provisions as to judgment summonses in the High Court
  821. 33.18Special provisions as to judgment summonses in designated county courts Repealed
  822. Chapter 3: ATTACHMENT OF EARNINGS
  823. 33.19Enforcement by attachment of earnings order
  824. 33.19AApplication of CCR Order 27: enforcement of a maintenance order Repealed
  825. Chapter 4: WARRANT OF CONTROL
  826. 33.20Applications to vary existing orders
  827. 33.21Section 103 County Courts Act 1984 Repealed
  828. Chapter 5: COURT'S POWER TO APPOINT A RECEIVER
  829. 33.22Application of the CPR
  830. Chapter 6: ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
  831. 33.23Application of the CPR
  832. Chapter 7: THIRD PARTY DEBT ORDERS
  833. 33.24Application of the CPR
  834. Chapter 8: CHARGING ORDER, STOP ORDER, STOP NOTICE
  835. 33.25Application for a charging order, stop order or stop notice
  836. Part 34: RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
  837. 34.1Scope and interpretation of this Part
  838. 34.2Meaning of prescribed officer in the family court
  839. 34.3Registration of maintenance orders in the family court
  840. Chapter 1: ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920
  841. 34.4Interpretation
  842. 34.5Confirmation of provisional orders made in a reciprocating country
  843. 34.6Payment of sums due under registered orders
  844. 34.7Collection and enforcement of sums due under registered orders
  845. 34.8Prescribed notice for the taking of further evidence
  846. 34.9Transmission of maintenance orders made in a reciprocating country to the High Court
  847. 34.10Transmission of maintenance orders made in the High Court to a reciprocating country
  848. 34.11Inspection of the register in the High Court
  849. Chapter 2: ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT
  850. 34.12Interpretation
  851. 34.13Scope
  852. Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act
  853. 34.14Application for transmission of maintenance order to reciprocating country
  854. 34.15Certification of evidence given on provisional orders
  855. 34.16Confirmation of a provisional order made in a reciprocating country
  856. 34.17Consideration of revocation of a provisional order made by the family court
  857. 34.18Notification of variation or revocation of a maintenance order by the High Court or the family court
  858. 34.19Notification of confirmation , variation or revocation of a maintenance order by the family court
  859. 34.20Taking of evidence for court in reciprocating country
  860. 34.21Request for the taking of evidence by a court in a reciprocating country
  861. 34.22Transmission of documents
  862. 34.23Method of payment under registered orders
  863. 34.24Enforcement of payments under registered orders
  864. 34.25Notification of registration and cancellation
  865. Modification of rules in Section 1 of this Chapter
  866. Republic of Ireland
  867. 34.26Application of Section 1 of this Chapter to the Republic of Ireland Repealed
  868. Hague Convention Countries
  869. 34.27Application of Section 1 of this Chapter to the Hague Convention Countries
  870. United States of America
  871. 34.28Application of Section 1 of this Chapter to the United States of America
  872. Proceedings in a Hague Convention Country or in the United States of America
  873. 34.28ZANotification of proceedings in a Hague Convention Country or in the United States of America
  874. Reciprocal enforcement of claims for the recovery of maintenance
  875. 34.28ZBInterpretation
  876. 34.28ZCDismissal of an application under section 27A of the 1972 Act or application for variation
  877. 34.28ZDApplication for recovery of maintenance in England and Wales: section 27B of the 1972 Act
  878. 34.28ZEApplication under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of the 1972 Act: registration
  879. 34.28ZFRegistration of an order: sections 27C(7) and 32(3) and (6) of the 1972 Act
  880. 34.28ZGPayments made to the family court
  881. 34.28ZHMethod of payment
  882. 34.28ZIApplication under section 34 of the 1972 Act: variation or revocation
  883. 34.28ZJApplication under section 35 of the 1972 Act: variation or revocation
  884. 34.28ZKRequest under section 38(1) of the 1972 Act to the family court
  885. 34.28ZLRequest under section 38(1) of the 1972 Act to the officer of the court
  886. 34.28ZMOnward transmission of documents
  887. Chapter 3: ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE 2007 HAGUE CONVENTION
  888. 34.28AApplication of this Chapter
  889. Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention
  890. 34.29Interpretation Repealed
  891. 34.29AApplication under Article 30 of the Maintenance Regulation or under Article 23 of the 2007 Hague Convention for a declaration of enforceability Repealed
  892. 34.30Registration of maintenance orders
  893. 34.31Appeal from a decision relating to registration
  894. 34.32Payment of sums due under a registered order
  895. 34.33Enforcement of payments under registered orders
  896. 34.34Variation and revocation of registered orders
  897. 34.35Registered order: payer residing in an area covered by a different Maintenance Enforcement Business Centre
  898. 34.36Cancellation of registered orders
  899. 34.36ADirections as to stays, documents and translations
  900. 34.36BInternational Maintenance Obligations; Communication with the Central Authority for England and Wales
  901. 34.36CThe Maintenance Regulation: applications for enforcement or for refusal or suspension of enforcement Repealed
  902. Reciprocal enforcement in a Contracting State ... of Orders of a court in England and Wales
  903. 34.37Application in a magistrates' court for a maintenance order, or revocation of a maintenance order, to which the 1982 Act, the Judgments Regulations or the Lugano Convention applies Repealed
  904. 34.38Admissibility of Documents
  905. 34.39Enforcement of orders of the family court
  906. 34.40Enforcement of orders of the High Court or the family court
  907. Part 35: MEDIATION DIRECTIVE
  908. 35.1Scope and Interpretation Repealed
  909. 35.2Relevant disputes: applications for consent orders in respect of financial remedies Repealed
  910. 35.3Mediation evidence: disclosure and inspection Repealed
  911. 35.4Mediation evidence: witnesses and depositions Repealed
  912. Part 36: TRANSITIONAL ARRANGEMENTS AND PILOT SCHEMES
  913. 36.1Transitional provisions
  914. 36.2Pilot schemes
  915. 36.2ADomestic Abuse Act 2021: provision during pilot commencement of Part 3
  916. 36.3Temporary modifications for coronavirus or other emergency
  917. 37APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
  918. 37.1Scope
  919. 37.2Interpretation
  920. 37.3How to make a contempt application
  921. 37.4Requirements of a contempt application
  922. 37.5Service of a contempt application
  923. 37.6Cases where no application is made
  924. 37.7Directions for hearing of contempt proceedings
  925. 37.8Hearings and judgments in contempt proceedings
  926. 37.9Powers of the court in contempt proceedings
  927. 37.10Applications to discharge committal orders
  928. Part 38: RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES
  929. Chapter 1: SCOPE AND INTERPRETATION OF THIS PART
  930. 38.1Scope and interpretation
  931. Chapter 2: CERTIFICATES FOR OUTGOING PROTECTION MEASURES
  932. 38.2Application for an Article 5 certificate Repealed
  933. 38.3The court to which an application for an Article 5 certificate must be made Repealed
  934. 38.4When a request for a translation of an Article 5 certificate may be made Repealed
  935. 38.5The court to which a request for translation of an Article 5 certificate must be made Repealed
  936. 38.6Service requirements under Article 6 Repealed
  937. 38.7Notification of the certificate under Article 8 Repealed
  938. 38.8Rectification of an Article 5 certificate Repealed
  939. 38.9Withdrawal of an Article 5 certificate Repealed
  940. 38.10When an application for an Article 14 certificate may be made Repealed
  941. 38.11The court to which an application for an Article 14 certificate must be made Repealed
  942. Chapter 3: INCOMING PROTECTION MEASURES
  943. 38.12Application for adjustment under Article 11
  944. 38.13Notification of the adjustment under Article 11
  945. 38.14Application for refusal of recognition or enforcement under Article 13
  946. 38.15Application under Article 14(2)
  947. Part 39: ATTACHMENT OF EARNINGS
  948. Chapter I: GENERAL
  949. 39.1Application of this Part
  950. 39.2Interpretation of this Part
  951. 39.3Search of court records
  952. Chapter 2: SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE FAMILY COURT – ATTACHMENT OF EARNINGS ORDER
  953. 39.4Where to apply
  954. 39.5Application for an attachment of earnings order
  955. 39.6Service and reply
  956. 39.7Notice to the debtor’s employer
  957. 39.8Attachment of earnings order
  958. 39.9Failure by debtor
  959. 39.10Enforcement under section 23(1) of the 1971 Act
  960. 39.11Suspended committal order
  961. 39.12Costs
  962. 39.13Contents and service of the order
  963. 39.14Application to determine whether particular payments are earnings
  964. 39.15Notice that an order has ceased to have effect
  965. 39.16Variation and discharge by the court of its own initiative
  966. 39.17Change of Designated Family Judge area
  967. 39.18Exercise of power to obtain statement of earnings etc.
  968. 39.19Offences
  969. 39.20Permission to enforce arrears
  970. Chapter 3: SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE HIGH COURT – ATTACHMENT OF EARNINGS ORDER
  971. 39.21Rule 39.21
  972. Part 40: CHARGING ORDER, STOP ORDER, STOP NOTICE
  973. Chapter 1: GENERAL
  974. 40.1Application of this Part
  975. 40.2Interpretation of this Part
  976. Chapter 2: CHARGING ORDERS
  977. 40.3Scope of this Chapter
  978. 40.4Application for a charging order
  979. 40.5Interim charging order
  980. 40.6Service of an interim charging order
  981. 40.7Effect of interim charging order in relation to securities
  982. 40.8Further consideration of the application
  983. 40.9Discharge or variation of order
  984. Chapter 3: STOP ORDERS
  985. 40.10Interpretation
  986. 40.11Application for a stop order
  987. 40.12Stop order relating to securities
  988. 40.13Variation or discharge of order
  989. Chapter 4: STOP NOTICES
  990. 40.14General
  991. 40.15Request for a stop notice
  992. 40.16Effect of a stop notice
  993. 40.17Amendment of a stop notice
  994. 40.18Withdrawal of a stop notice
  995. 40.19Discharge or variation of a stop notice
  996. 40.20Practice Direction
  997. Part 41: PROCEEDING BY ELECTRONIC MEANS
  998. 41.1Provision for proceeding by electronic means
  999. Part GLOSSARY
  1001. Scope
  1002. Signature
  1003. Explanatory note